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OREGON DEPARTMENT OF EDUCATION

EARLY LEARNING DIVISION




 

DIVISION 205
REGISTERED FAMILY CHILD CARE HOMES

414-205-0000
Purpose
(1) Oregon Administrative Rules (OAR)
414-205-0000 through 414-205-0170 are the Office of Child Care's (OCC) minimum requirements
for registering family child care providers. The purpose of these rules is to protect
the health, safety, and well-being of children when cared for outside their own
homes.
(2) Registration is required
for persons who provide child care:
(a) On other than an occasional
basis; and
(b) To more than three children
from more than one family at any one time, other than the person's children subject
to the limits in OAR 414-205-0065; or
(c) To three or fewer children,
even if from the same family if that person’s enrollment in the Central Background
Registry (CBR) has been denied or the person has been removed for cause, or suspended;
or their child care facility certification or registration has been denied or revoked
for cause, or suspended, or the person has voluntarily withdrawn their application
or closed their registration or certification while under investigation by OCC;
or
(d) Provide care that is
primarily educational for four hours or less per day and where no preschool age
child is present at the facility for more than four hours per day if that person’s
enrollment in the CBR has been denied or the person has been removed for cause,
or suspended; or their child care facility certification or registration has been
denied or revoked for cause, or suspended, or the person has voluntarily withdrawn
their application or closed their registration or certification while under investigation
by OCC; or
(e) On an occasional basis
by a person not ordinarily engaged in providing child care if that person’s
enrollment in the CBR has been denied or the person has been removed for cause,
or suspended; or their child care facility certification or registration has been
denied or revoked for cause, or suspended, or the person has voluntarily withdrawn
their application or closed their registration or certification while under investigation
by OCC; or
(f) To children from only
one family other than the person’s own family if that person’s enrollment
in the CBR has been denied or the person has been removed for cause, or suspended;
or their child care facility certification or registration has been denied or revoked
for cause, or suspended, or the person has voluntarily withdrawn their application
or closed their registration or certification while under investigation by OCC.
(3) These rules do not apply
to care provided:
(a) In the home of the child;
(b) To three or fewer children,
not including the provider's children subject to the limits in OAR 414-205-0065
except as provided in 414-205-0000(2)(c);
(c) To children from one
family, not including the provider's children except as provided in 414-205-0000(2)(f);
(d) On an occasional basis
by a person not ordinarily engaged in providing child care except as provided in
414-205-0000(2)(e);
(e) By the child's parent,
legal guardian, or person acting in place of a parent;
(f) By a person related to
the child care children by blood, marriage, or adoption; or
(g) By a person who is a
member of the child's extended family, as determined by OCC on a case-by-case basis
or;
(h) By a person providing
care for preschool children that is primarily educational for four hours or less
per day and where no preschool age child is present at the facility for more than
four hours per day, except as provided in 414-205-0000(2)(d).
(4) Any family child care
provider exempt from registration may apply for registration.
(5) These rules apply only
during the hours the provider is conducting the child care business.
Stat. Auth.: ORS 657A
Stats. Implemented: ORS 657A.260
& 657A.330
Hist.: CCD 2-1994, f. 7-15-94,
cert. ef. 8-15-94; CCD 1-1995, f. 10-30-95, cert. ef. 11-1-95; CCD 2-1995(Temp),
f. 12-28-95, cert. ef. 1-1-96; CCD 2-1996, f. 3-19-96, cert. ef. 4-1-96; CCD 1-2000,
f. 3-31-00, cert. ef. 4-2-00; CCD 7-2003, f. 12-23-03, cert. ef. 12-28-03; CCD 2-2009(Temp),
f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 2-2010, f. 6-29-10, cert. ef. 7-1-10;
ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0010
Definitions
(1) "Caregiver" means any person, including
the provider, who cares for the children in the registered family child care home
and works directly with the children, providing care, supervision and guidance.
(2) “Central Background
Registry” means OCC’s Registry of individuals who have been approved
to be associated with a child care facility in Oregon pursuant to ORS 329A.030 and
OAR 414-061-0000 through 414-061-0120.
(3) "Child Care" means the
care, supervision and guidance on a regular basis of a child, unaccompanied by a
parent, legal guardian or custodian, during a part of the 24 hours of the day, with
or without compensation.
(4) "Child Care Child" means
a child at least six weeks of age and under 13 years of age, or a child under 18
years of age with special needs. The child does not reside in the home and the provider
has supervisory responsibility for the child in the temporary absence of the parent.
(5) “Child with Special
Needs” means a child under 18 years of age who requires a level of care over
and above the norm for their age due to a physical, developmental, behavioral, mental
or medical disability.
(6) “Civil Penalty”
means a fine imposed by OCC on a provider for violation on these rules.
(7) “Communicable Disease”
means an illness caused by an infectious agent or its toxins.
(8) “Disinfecting”
means using a process for destroying or irreversibly inactivating harmful organisms,
including bacteria, viruses, germs and fungi.
(9) "Family" means a group
of individuals related by blood, marriage or adoption, or individuals whose functional
relationships are similar to those found in such associations.
(10) "Infant" means a child
who is at least six weeks of age up to 12 months of age.
(11) “Kindergarten-Age
Child” means a child eligible to attend kindergarten in a public school. A
kindergarten-age child is considered a school-age child.
(12) "New Application" means
a registration application that has been filed by an applicant who has never had
an active registration.
(13) "Night Care" means care
given to a child who sleeps at the family child care home for all or part of the
night.
(14) “OCC” means
the Office of Child Care, Early Learning Division of the Department of Education.
(15) "Occasional" means infrequently
or intermittently, including but not limited to care that is provided during summer
or other holiday breaks when children are not attending school, but not to exceed
70 calendar days in a year.
(16) "Oregon Registry" means
the voluntary registry at the Oregon Center for Career Development in Childhood
Care and Education at Portland State University that documents the training and
education of individuals who work in childhood care and education.
(17) “Outbreak of Communicable
Disease” means two cases from separate households associated with a suspected
common source.
(18) “Premises”
means the structure that is identified on the application, including indoors and
outdoors and space not directly used for child care.
(19) "Preschool-Age Child"
means a child who is 36 months of age up to eligible to attend kindergarten in a
public school.
(20) "Provider" means a resident
of the registered family child care home who is responsible for the children in
care; is the children's primary caregiver; and the person whose name is on the certificate
of registration.
(21) "Registered Family Child
Care Home" means the residence of the provider, who has a current Family Child Care
Registration at that address and who provides care in the family living quarters.
(22) "Registration" means
the document a family child care provider is issued by OCC to operate a family child
care home where care is provided in the family living quarters of the provider's
home pursuant to ORS 329A.330 and OAR 414-205-0000 through 414-205-0170. Registration
is limited to one provider at one address.
(23) "Renewal Application"
means a registration application that has been filed by a currently registered family
child care provider who wishes to continue registration.
(24) "Reopen Application"
means a registration application that has been filed by an applicant whose registration
is expired or closed, including those closures resulting from an address change.
(25) “Restrictable
Disease” means an illness or infection that would prohibit the child from
attending child care.
(26) “Sanitizing”
means using a treatment that provides enough heat or concentration of chemicals
for enough time to reduce the bacterial count, including disease producing organisms,
to a safe level on utensils, equipment and toys.
(27) "School-Age Child" means
a child eligible to attend kindergarten or above in public school. This does not
include the months prior to the start of the kindergarten school year.
(28) "Serious Complaint"
means a complaint filed against:
(a) A registered family child
care provider by a person who alleges that:
(A) Children are in imminent
danger;
(B) There are more children
in care than allowed by law;
(C) Provider is engaging
in behavior prohibited under OAR 414-205-0085(6);
(D) Children are not being
supervised;
(E) Multiple or serious fire,
health or safety hazards are present in the home;
(F) Extreme unsanitary conditions
are present in the home; or
(G) Adults are in the home
who are not enrolled in OCC’s CBR; or
(b) An individual providing
child care, as defined by ORS 329A.250(4), who is not a registered family child
care provider by a person who has alleged that there are more children in care than
allowed by law.
(29) “Serious Violation”
means OCC has made a valid finding when assessing a serious complaint that alleges:
(a) Children are in imminent
danger;
(b) There are more children
in care than allowed by law;
(c) Provider is engaging
in behavior prohibited under OAR 414-205-0085(6);
(d) Children are not being
supervised;
(e) Multiple or serious fire,
health or safety hazards are present in the home;
(f) Extreme unsanitary conditions
are present in the home; or
(g) Adults are in the home
who are not enrolled in OCC’s CBR; or
(h) An individual is providing
child care as defined by ORS 329A.250(4) without registering with the Office of
Child Care of the Department of Education.
(30) "Substitute Provider"
means a person who acts as the children's primary caregiver in the registered family
child care home in the temporary absence of the provider.
(31) “Toddler”
means a child who is at least 12 months of age but is not preschool-age.
(a) “Younger Toddler”
means a child who is at least 12 months of age but is under 24 months of age.
(b) “Older toddler”
means a child who is at least 24 months of age but is not yet preschool-age.
(32) "Useable Exit" means
an unobstructed door or window through which the provider and the children can evacuate
the home in case of a fire or emergency. Doors must be able to be opened from the
inside without a key.
(a) For homes built before
July 1, 2010, window openings must be at least 20 inches wide and at least 22 inches
in height, with a net clear opening of five square feet (at least 720 square inches)
and a sill no more than 48 inches above the floor.
(b) For homes built after
July 1, 2010, window openings must be at least 20 inches wide and at least 24 inches
in height, with a net clear opening of five square feet (at least 720 square inches)
and a sill no more than 44 inches above the floor.
Stat. Auth.: ORS 329A.260
Stats. Implemented: ORS 329A
Hist.: CCD 2-1994, f. 7-15-94,
cert. ef. 8-15-94; CCD 1-1995, f. 10-30-95, cert. ef. 11-1-95; CCD 3-1999(Temp),
f. 10-21-99, cert. ef. 10-23-99 thru 1-1-00; CCD 7-1999, f. 12-29-99, cert. ef.
1-1-00; CCD 1-2000, f. 3-31-00, cert. ef. 4-2-00; CCD 5-2001, f. 11-2-01, cert.
ef. 11-4-01; CCD 1-2007(Temp), f. & cert. ef. 3-20-07 thru 9-16-07; CCD 2-2007,
f. & cert. ef. 7-13-07; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru
6-30-10; CCD 2-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 9-2014(Temp), f. & cert.
ef. 8-7-14 thru 2-3-15; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0020
Application for Registration
(1) The applicant must apply for registration
on the form(s) supplied by OCC. The original form(s) must be submitted to OCC for
processing.
(2) Persons submitting new
applications must attend a family child care overview session prior to submitting
their application to OCC.
(3) Persons interested in
submitted an application must meet the training requirements outlined in OAR 414-205-0055.
(4) An application for registration
is required:
(a) For a new registration;
(b) For renewing a registration;
and
(c) For reopening a registration.
(5) There is a non-refundable
filing fee of $30 for each application. If the provider submits documentation that
the provider's family income is below 100% of the Federal Poverty Level, the fee
may be reduced.
(6) All civil penalties must
be paid in full.
(7) To determine if requirements
are met, the applicant/provider may be required to supply additional information
or permit OCC, a fire marshal, or a public health official to assess the home and/or
review child care records.
(8) Providers must satisfactorily
complete an on-site health and safety review conducted by OCC prior to issuance
of a new, renewal or reopen registration. The review will ensure that the provider
is in compliance with the rules related to health, safety and sanitation.
(9) If an application for
renewal is received by OCC at least 30 days prior to the expiration date of the
current registration, the current registration, unless officially revoked, remains
in effect until OCC has acted on the application for renewal and has given notice
of the action taken.
Stat. Auth. ORS 657A
Stats. Implemented: ORS 657A.260,
657A.330 & 657A.440
Hist.: CCD 2-1994, f. 7-15-94,
cert. ef. 8-15-94; CCD 1-1995, f. 10-30-95, cert. ef. 11-1-95; CCD 2-1995(Temp),
f. 12-28-95, cert. ef. 1-1-96; CCD 2-1996, f. 3-19-96, cert. ef. 4-1-96; CCD 1-2000,
f. 3-31-00, cert. ef. 4-2-00; CCD 5-2001, f. 11-2-01, cert. ef. 11-4-01; CCD 5-2001,
f. 11-2-01, cert. ef. 11-4-01; CCD 1-2007(Temp), f. & cert. ef. 3-20-07 thru
9-16-07; CCD 2-2007, f. & cert. ef. 7-13-07; CCD 2-2009(Temp), f. 12-30-09,
cert. ef. 1-1-10 thru 6-30-10; CCD 2-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 4-2015,
f. & cert. ef. 2-3-15
414-205-0035
General Requirements
(1) The home in which child care is
provided must be the residence of the provider.
(2) The provider may not
hold a medical marijuana card, grow marijuana, or be a distributor of marijuana.
(3) Registration is limited
to one provider per household.
(4) A registration applies
to only the person and address on the certificate of registration and is not transferable
to another location or individual.
(5) The registration is valid
for a maximum of two years. The registration period begins with the effective date
shown on the certificate of registration. A provider may not care for more than
three (3) children, other than the provider's own children, at any one time prior
to receiving a certificate of registration from OCC.
(6) OCC registration records
are open to the public on request. However, information protected by state or federal
law will not be disclosed.
(7) The name, address, telephone
number, and registration status of providers is public information. However, OCC
may withhold from the public a provider's address and telephone number if the provider
makes a written request documenting that disclosure of the address and/or telephone
number would endanger him/her or a family member living in the home (OAR 137-004-0800).
The request must be on a form supplied by OCC.
(8) The Certificate of Registration
must be posted in the family child care home in an area where it can be viewed by
parents.
(9) The provider shall have
no other employment, either in or out of the home, during the hours children are
in care.
(10) OCC staff may conduct
an unannounced monitoring visit at least once during the license period.
(11) The provider or substitute
must allow a representative from the Office of Child Care access to the home any
time child care children are present.
(12) The provider shall allow
an inspection of all areas of the facility that are accessible to child care children,
and a health and safety review of other areas of the facility to ensure the health
and safety of child care children.
(13) The provider must allow
parents or legal guardians of child care children access to the home during the
hours their child(ren) are in care.
(14) The provider must comply
with local, state and federal laws related to immunizations, child care restrictable
diseases, child safety systems and seat belts in vehicles, bicycle safety, civil
rights laws, and the Americans with Disabilities Act.
(15) Any caregiver who has
reason to believe that any child has suffered abuse (physical injury, mental injury,
neglect that leads to physical harm, sexual abuse and/or exploitation, or threat
of harm) must report the information to the Department of Human Services Child Welfare
(DHS) or to a law enforcement agency. By statute, this requirement applies 24 hours
per day.
(16) The provider must notify
parents if there will be a substitute provider and the caregiver's name. In the
event of an emergency, a good faith effort will be made to notify parents that a
substitute will be caring for the children.
(17) The provider must notify
parents if the children will be away from the home for any part of the day for visits,
field trips or any other activity off the premises and the name of the caregiver.
(18) If an applicant or a
provider wishes to provide child foster care, the provider must receive approval
from OCC and DHS, prior to placement of the foster child(ren).
(19) Registered providers
shall comply with all conditions placed on their license.
(20) Information provided
to OCC on applications, in records or reports, or any other written or verbal communication,
shall be current, complete and accurate.
Stat. Auth.: ORS 329A.260
Stats. Implemented: ORS 329A
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 1-2007(Temp), f. & cert. ef. 3-20-07 thru 9-16-07; CCD
2-2007, f. & cert. ef. 7-13-07; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10
thru 6-30-10; Administrative correction 7-27-10; ELD 9-2014(Temp), f. & cert.
ef. 8-7-14 thru 2-3-15; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0040
The Provider and Other Persons in
the Home
(1) The registered provider and any
substitute provider shall:
(a) Be at least 18 years
old,
(b) Have competence, sound
judgment and self-control when working with children, and
(c) Be mentally, physically
and emotionally capable of performing duties related to child care.
(2) No one shall have access
to child care children who has demonstrated behavior that may have a detrimental
effect on a child. Residents of the home are considered to have access to the child
care children even if they are not generally at home during child care hours.
(3) The applicant and other
residents of the home 18 years of age or older must be enrolled in OCC’s CBR
prior to the issuance of a registration. Residents of the home who are under 18
years of age must be enrolled in the Registry by their 18th birthday.
(4) The provider must verify
with OCC that the individual is enrolled in the CBR prior to that individual moving
into the home, residing on a temporary basis in the home, visiting the home on a
regular basis (including overnight visits) or substituting for or assisting the
provider. This does not apply to parents of children in care unless they are residing
in the home or substituting or assisting the provider. The provider must keep a
copy of OCC’s confirmation letter for all adults enrolled in the CBR that
may have contact with child care children.
(5) If additional information
is needed to assess a person's ability to care for children or to have access to
children, OCC may require references, an evaluation by a physician, counselor, or
other qualified person, or other information.
(6) Any visitor to the home
or other adult who is not enrolled in the CBR may not have unsupervised access to
children.
(7) The provider, substitutes
and other individuals that are required to be enrolled in the CBR must maintain
current enrollment in the CBR at all times while the child care license is active.
(8) Prior to substituting
for the provider, a caregiver must:
(a) Be familiar with the
requirements for registration and agree to comply with them;
(b) Be enrolled in the CBR;
(c) Comply with all the requirements
placed on the provider, except those in OAR 414-205-0055(1)(a)(d)(e), (2), (3);
(d) Have current certification
in first aid and infant and child cardiopulmonary resuscitation (CPR). The certifications
must be current while the caregiver is substituting for the provider. CPR training
must have practical hands-on instruction. CPR courses that involve an on-line component
with hands-on instruction may be accepted. Strictly on-line CPR training is not
acceptable; and
(e) Have current food handler’s
certification, if preparing or serving food to children.
Stat. Auth.: ORS 329A.260
Stats. Implemented: ORS 329A
Hist.: CCD 2-1994, f. 7-15-94,
cert. ef. 8-15-94; CCD 1-1995, f. 10-30-95, cert. ef. 11-1-95; CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10;
CCD 2-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 9-2014(Temp), f. & cert. ef. 8-7-14
thru 2-3-15; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0055
Training Requirements
(1) When a person submits a new application
for registration as a family child care provider, OCC shall, prior to approving
the registration, receive evidence from the person that the person has:
(a) Completed the Family
Child Care Overview session;
(b) A current certification
in first aid and infant and child CPR. CPR training must have practical hands-on
instruction. CPR courses that involve an on-line component with hands-on instruction
may be accepted. Strictly on-line CPR training is not acceptable.
(c) A current food handler
certification pursuant to ORS 624.570;
(d) Completed two hours of
training on recognizing and reporting child abuse and neglect issues.
(A) Recognizing and reporting
child abuse and neglect training must be based on Oregon law and practice so information
is relevant to reporting in Oregon.
(B) Recognizing and reporting
child abuse and neglect training must be two hours or more in duration to be accepted.
(e) Completed OCC approved
health and safety training.
(2) When a registered family
child care provider submits a renewal application, the OCC shall, prior to approving
it, receive evidence from the provider that the provider has:
(a) A current certification
in first aid and infant and child CPR. CPR training must have practical hands-on
instruction. CPR courses that involve an on-line component with hands-on instruction
may be accepted. Strictly on-line CPR training is not acceptable.
(b) A current food handler
certification pursuant to ORS 624.570; and
(c) Completed a minimum of
ten hours of training during the two years preceding the renewal date. The training
must be related to the core knowledge categories in the Oregon Registry. At least
six clock hours of the ten hours of training must be in child development or early
childhood education. A training on recognizing and reporting child abuse and neglect
will be accepted after five years (and every five years thereafter) as part of the
ten clock hours of training required for licensing, but will not be accepted as
part of the required child development training hours.
(A) OCC will accept duplicate
training one additional time if it is a Set 2 (intermediate) or Set 3 (advanced)
training or above as described by the Oregon Center for Career Development in Childhood
Care and Education; and it is not taken within the same license period.
(B) The following core knowledge
categories are accepted for the child development and early childhood education
requirement: Diversity (D), Family and Community Systems (FCS), Human Growth and
Development (HGD), Health Safety and Nutrition (HSN), Learning Environments and
Curriculum (LEC), Observation and Assessment (OA), Special Needs (SN), and Understanding
and Guiding Behavior (UGB).
(3) When a person submits
a reopen application, the OCC shall, prior to approving it, receive evidence from
the individual that the individual has:
(a) A current certification
in first aid and infant and child CPR. CPR training must have practical hands-on
instruction. CPR courses that involve an on-line component with hands-on instruction
may be accepted. Strictly on-line CPR training is not acceptable.
(b) A current food handler
certification pursuant to ORS 624.570; and
(c) Documentation that individual
has ten hours of training related to the Oregon Registry core knowledge categories
since the individual’s last active child care license was issued. If the individual
was previously licensed for less than two years, the training requirements will
be prorated as follows: 2.5 hours of training for each six months of the previous
license period. A training on recognizing and reporting child abuse and neglect
will be accepted again after five years (and every five years thereafter) as part
of the ten clock hours of training required for licensing, but will not be accepted
as part of the required child development training hours.
(d) OCC will accept duplicate
training one additional time if it is a Set 2 (intermediate) or Set 3 (advanced)
training or above as described by the Oregon Center for Career Development in Childhood
Care and Education; and it is not taken within the same license period.
(4) While the registered
family child care license is active, the provider must maintain current certification
in first aid, infant and child CPR and food handler training.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 5-2001, f. 11-2-01, cert. ef. 11-4-01; CCD 3-2004, f. 7-30-04
cert. ef 8-1-04; CCD 1-2007(Temp), f. & cert. ef. 3-20-07 thru 9-16-07; CCD
2-2007, f. & cert. ef. 7-13-07; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10
thru 6-30-10; Administrative correction 7-27-10; CCD 7-2010, f. 12-29-10, cert.
ef. 1-1-11; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0065
Children in Care
(1) A family child care provider may
care for a maximum of 10 children under 13 years of age, or under age 18 if a child
with special needs, at any one time. This includes the provider's own children,
the child care children, foster children, and any other children for whom the provider
is responsible.
(2) Of the 10 children under
13 years of age or under age 18 years of age with special needs, the provider may
care for:
(a) A maximum of 6 children
preschool age or younger, including the provider's children, of which only 2 children
may be under 24 months of age.
(b) Four school-age children,
in addition to the six children preschool-age or younger.
(c) More school-age children
if there are fewer than 6 children preschool age or younger, as long as there are
no more than 10 children in the home at any one time.
(3) Other children, including
but not limited to relatives, neighborhood children or friends of the provider's
children, are included in the maximum number of 10 children allowed in care if their
parents or other adults responsible for supervising them are not present in the
home or are not directly supervising their own child(ren).
(4) Visiting children and
their parents or others directly supervising them can be in the family child care
home only on an occasional basis.
(5) No child younger than
6 weeks of age can be in care in a family child care home. This does not include
the provider's child(ren).
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 5-2001, f. 11-2-01, cert. ef. 11-4-01; CCD 2-2009(Temp), f.
12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 2-2010, f. 6-29-10, cert. ef. 7-1-10;
ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0075
Supervision of Children
The provider or a substitute provider
is responsible for the children in care. At all times the provider or substitute
provider must:
(1) Be within sight or sound
of all children;
(2) Be aware of what each
child is doing;
(3) Be near enough to children
to respond when needed;
(4) Be physically present
when there are children under the age of 36 months playing outside; and
(5) Be physically present
when kindergarten-age or younger children are playing outside, unless the outside
play area is fully fenced and hazard free.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 5-2001, f. 11-2-01, cert. ef. 11-4-01; CCD 2-2009(Temp), f.
12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 2-2010, f. 6-29-10, cert. ef. 7-1-10;
ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0085
Guidance and Discipline
(1) The provider must have a written
policy on guidance and discipline of child care children. The policy must be simple
and understandable to the child, the parent(s) and to substitute providers.
(2) The written guidance
and discipline policy must be given to all parents.
(3) The guidance and discipline
policy shall:
(a) Provide for positive
guidance, redirection and the setting of clear boundaries; and
(b) Be designed to help the
child develop self-control, self-esteem and respect for others.
(4) Only providers and substitutes
shall provide guidance or discipline to child care children.
(5) Guidance and discipline
shall be fair, consistently applied, timely and appropriate to the behavior and
age of the child. Positive statements or redirection of behaviors shall be used.
(6) The following behaviors
by caregivers are prohibited:
(a) Using any form of corporal
punishment, including, but not limited to: hitting, spanking, slapping, beating,
shaking, pinching or other measures that produce physical pain, or threatening to
use any form of corporal punishment;
(b) Using inappropriate forms
of restraints, including, but not limited to, tying or binding;
(c) Using non-prescription
chemicals for discipline or to control behavior;
(d) Yelling harshly or using
profane or abusive language;
(e) Using mental or emotional
punishment, including, but not limited to: name calling, ridicule or threats;
(f) Confining a child in
an enclosed area (e.g. a locked or closed room, closet or box);
(g) Withdrawal or the threat
of withdrawal of food, rest or bathroom opportunities;
(h) Punishing a child for
toileting accidents or for refusing to eat food;
(i) Engaging in any form
of public or private humiliation, rejecting, terrorizing, neglecting or corrupting
a child or any form of emotional abuse; and
(j) Requiring a child to
remain silent or inactive for excessive periods of time or removing a child from
activities or the group for excessive periods of time.
(7) Parental request or permission
to use any form of behavior listed in subsection (6) of this rule, does not give
the provider or substitute provider permission to do so.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10;
Administrative correction 7-27-10; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0090
Program of Activities
(1) The provider must give the children's
needs first priority, assuring that they get adequate care and attention.
(2) Providers must make available
activities, materials, and equipment for both indoor and outdoor play that provide
a variety of experiences geared to the ages and abilities of the child(ren).
(3) The children's activities
must allow choice and develop skills based on each child's age and abilities.
(4) A balance of active and
quiet play must be provided, both indoors and outdoors.
(5) The provider must have
routines for eating, napping, diapering and toileting, with flexibility to respond
to the needs of each child.
(a) An individual bed, mat
or cot with individual bedding appropriate to the season shall be provided at nap
time for each toddler and preschool-age child in the home and for each school-age
child who wants to rest.
(A) Family beds or sofas
may be used with individual bedding appropriate to the season.
(B) If the parent(s) so request,
siblings may share the same bed.
(C) The upper level of bunk
beds shall not be used for children under ten years of age.
(D) The upper level of bunk
beds may be used for children ten years or older if the bed rail and safety ladder
are in place.
(b) Infants shall have a
crib, portable crib or playpen with a clean, non-absorbent mattress. All cribs must
comply with current Consumer Product Safety Commission (CPSC) standards. There shall
be no items in the crib with the infant (e.g. toys, pillows or stuffed animals).
(c) If an infant uses a blanket,
the blanket may not cover the infant’s head or restrict the infant from moving.
(6) Child care children shall
not be exposed to more than two hours of screen time per day. All media exposure
must be developmentally and age appropriate.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10;
Administrative correction 7-27-10; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0100
Health
(1) The home must be a healthy environment
for children.
(a) No person shall smoke
or carry any lighted smoking instrument, including an e-cigarette or vaporizer in
the family child care home or within ten feet of any entrance, exit, or window that
opens or any ventilation intake that serves an enclosed area, during child care
hours or when child care children are present. No person shall use smokeless tobacco
in the family child care home during child care hours or when child care children
are present. No person shall smoke, carry any lighted smoking instrument, including
an e-cigarette, or vaporizer or use smokeless tobacco in motor vehicles while child
care children are passengers.
(b) No one shall consume
alcohol on the family child care home premises during child care hours or when child
care children are present. No one shall be under the influence of alcohol on the
family child care home premises during child care hours or when child care children
are present.
(c) Notwithstanding OAR 414-205-0000(5),
no one shall possess, use or store illegal controlled substances on the family child
care home premises. No one shall be under the influence of illegal controlled substances
on the family child care home premises.
(d) Notwithstanding OAR 414-205-0000(5),
no one shall grow or distribute marijuana on the premises of the registered family
child care home. No adults shall use marijuana on the registered family child care
home premises during child care hours or when child care children are present.
(e) No adult under the influence
of marijuana shall have contact with child care children.
(f) Notwithstanding OAR 414-205-0000(5),
marijuana plants shall not be grown or kept on the registered family child care
home premises.
(g) All medical marijuana
must be kept in its original container if purchased from a dispensary and stored
under child safety lock. All medical marijuana derivatives and associated paraphernalia
must be stored under child safety lock.
(h) Effective July 1, 2015,
all marijuana, marijuana derivatives and associated paraphernalia must be stored
under child safety lock.
(i) There must be at least
one flush toilet and one hand-washing sink available to children. Steps or blocks
must be available to ensure children can use the toilet and sink without assistance.
(j) The room temperature
must be at least 68°F during the hours the child care business is conducted.
(k) Rooms occupied by children
must have a combination of natural and artificial lighting.
(l) Floors must be free of
splinters, large unsealed cracks, sliding rugs and other hazards.
(2) First aid supplies and
a chart or handbook of first aid instructions shall be maintained in one identified
place and kept out of reach of children.
(a) The first aid supplies
shall include: band aids, adhesive tape, sterile gauze pads, soap or sealed antiseptic
towelettes or solution to be used as a wound cleaning agent, scissors, disposable
plastic gloves for handling blood spills, a solution for disinfecting after a blood
spill, a sanitary temperature taking device and CPR mouth guards.
(b) A first aid kit and a
copy of each child’s emergency medical information including a medical release
form shall be taken any time the caregiver is transporting child care children or
taking child care children on field trips.
(3) Infants must be laid
on their backs on a flat surface for sleeping.
(4) Illness:
(a) A provider shall not
admit or retain in care, except with the written approval of the local health office,
a child who:
(A) Is diagnosed as having
or being a carrier of a child care restrictable disease, as defined in Oregon Health
Authority administrative rule; or
(B) Has one of the following
symptoms or combination of symptoms or illness;
(i) Fever over 100°F,
taken under the arm;
(ii) Diarrhea (more than
one abnormally loose, runny, watery or bloody stool);
(iii) Vomiting;
(iv) Nausea;
(v) Severe cough;
(vi) Unusual yellow color
to skin or eyes;
(vii) Skin or eye lesions
or rashes that are severe, weeping or pus-filled;
(viii) Stiff neck and headache
with one or more of the symptoms listed above;
(ix) Difficulty breathing
or abnormal wheezing;
(x) Complaints of severe
pain.
(b) A child, who, after being
admitted into child care, shows signs of illness, as defined in this rule, shall
be separated from the other children, and the parent(s) notified and asked to remove
the child from the provider’s home as soon as possible.
(5) If a child has mild cold
symptoms that do not impair his/her normal functioning, the child may remain in
the provider’s home and the parent(s) notified when they pick up their child.
(6) Parents must be notified
if their child is exposed to an outbreak of a communicable disease.
(7) Prescription and non-prescription
medication shall only be given to a child if the provider has written authorization
from the parent, as required in OAR 414-205-0130(3).
(8) Prescription and non-prescription
medications must be properly labeled and stored.
(a) Non-prescription medications
or topical substances must be labeled with the child's name.
(b) Prescription medications
must be in the original container and labeled with the child's name, the name of
the drug, dosage, directions for administering, and the physician's name.
(c) Medication requiring
refrigeration must be kept in a separate, tightly covered container, marked "medication,"
in the refrigerator.
(9) Sunscreen is considered
a non-prescription medication and may be used for child care children under the
following conditions:
(a) Providers must obtain
written parental authorization prior to using sunscreen.
(b) One container of sunscreen
may be used for child care children unless a parent supplies an individual container
for their child. The sunscreen shall be applied in a manner that prevents contaminating
the container.
(A) Parents must be informed
of the type of product and the sun protective factor (SPF).
(B) Parents must be given
the opportunity to inspect the product and active ingredients.
(c) If sunscreen is supplied
for an individual child care child, the sunscreen must be labeled with the child’s
first and last name and must be used for only that child.
(d) Providers must reapply
sunscreen every two hours while the child care children are exposed to the sun.
(e) Providers shall use a
sunscreen with an SPF of 15 or higher and must be labeled as “Broad Spectrum”.
(f) Providers shall not use
aerosol sunscreens on child care children.
(g) Sunscreen shall not be
used on child care children younger than six months.
(h) Child care children over
six years of age may apply sunscreen to themselves under the direct supervision
of the provider or staff member.
(10) Parents must be informed
daily of any medications given to their child or any injuries their child has had.
(11) The provider must provide
or ensure the availability of meals and snacks appropriate for the ages and needs
of the children served.
(a) Meals and snacks must
be based on the guidelines of the USDA Child Care Food Program.
(b) Foods must be stored
and maintained at the proper temperature.
(c) Foods must be prepared
and served according to the minimum standards for food handler certification.
(d) Infants must be held
or sitting up for bottle feeding. Propping bottles is prohibited.
(e) Children shall not be
laid down with a bottle for sleeping.
(12) Any animal at the family
child care home shall be in good health and be a friendly companion for the children
in care.
(a) Potentially aggressive
animals must not be in the same physical space as the children.
(b) Dogs and cats must be
vaccinated according to a licensed veterinarian's recommendations.
(c) Dogs and cats shall be
kept free of fleas, ticks and worms.
(13) Animal litter boxes
shall not be located in areas accessible to children or areas used for food storage
or preparation.
(14) Caregivers must be physically
present when children are interacting with animals.
(15) Exotic animals, including,
but not limited to: reptiles (e.g. lizards, turtles, snakes) amphibians, monkeys,
hook-beaked birds, baby chicks and ferrets are prohibited unless they are housed
in and remain in a tank or other container which precludes any direct contact by
children. Educational programs that include prohibited animals and are run by zoos,
museums and other professional animal handlers are permitted.
(16) Parents must be made
aware of the presence of any animals on the premises.
Stat. Auth.: ORS 329A.260
Stats. Implemented: ORS 329A
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 1-2008(Temp), f. & cert. ef. 8-6-08 thru 2-2-09; CCD 3-2008,
f. & cert. ef. 10-2-08; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru
6-30-10; Administrative correction 7-27-10; CCD 7-2010, f. 12-29-10, cert. ef. 1-1-11;
CCD 1-2012(Temp), f. & cert. ef. 6-12-12 thru 11-6-12; CCD 2-2012, f. 9-28-12,
cert. ef. 10-10-12; ELD 9-2014(Temp), f. & cert. ef. 8-7-14 thru 2-3-15; ELD
4-2015, f. & cert. ef. 2-3-15
414-205-0110
Safety
(1) Children shall be protected from
fire and safety hazards. Providers must have the following protections in place:
(a) All exposed electrical
outlets in rooms used by preschool or younger children must have hard-to-remove
protective caps or safety devices installed when the outlet is not in use.
(b) Extension cords shall
not be used as permanent wiring;
(c) All appliance cords must
be in good condition;
(d) Multiple connectors for
cords shall not be used;
(e) A grounded power strip
outlet with a built-in over-current protection may be used;
(f) A stable barrier shall
be installed to prevent children from falling into hazards, including, but not limited
to: fireplaces, heaters and woodstoves that are in use when child care children
are present;
(g) A secure barrier shall
be placed at the top and/or bottom of all stairways accessible to infants and toddlers;
(h) A working smoke detector
on each floor and in any area where children nap;
(i) A working fire extinguisher
with a rating of at least 2-A:10-BC;
(j) Firearms, BB guns, pellet
guns and ammunition kept under lock, with ammunition stored and locked separately.
Firearms, BB guns and pellet guns must remain unloaded;
(k) Cleaning supplies, paints,
matches, lighters, and plastic bags kept under child-safety lock;
(l) Other potentially dangerous
items, such as medicine, drugs, sharp knives and poisonous and toxic materials kept
under child-safety lock;
(m) If any preschool age
or younger children are in care, poisonous plants must be kept out of the reach
of children; and
(n) All clear glass panels
in doors clearly marked at child level.
(2) All floor levels used
by children must have access to two useable exits, as defined in OAR 414-205-0010(32),
to the outdoors.
(a) If a basement is used
for child care purposes, the requirement for two useable exits may be met by one
of the following:
(A) A sliding glass door
or swinging door to the outside and a window that meets the definition of a useable
exit; or
(B) A window which meets
the definition of a useable exit and an internal stairway to ground level that has
unobstructed and direct access to the outdoors.
(b) If a window, which meets
the definition of a useable exit, is used:
(A) Steps must be placed
under the window to allow children to exit without assistance; and
(B) The window must be kept
in good working condition.
(c) If a window used as an
exit has a window well, a mechanism must be in place to allow children to exit the
window well.
(3) Second floors (does not
apply to providers registered continuously at the same address before 2009, unless
the provider has moved the child care license to a new residence):
(a) Child care children shall
not sleep on the second floor or above;
(b) Care shall not be provided
for infants and toddlers on the second floor or above;
(c) Night care shall not
be provided on the second floor or above;
(d) Children may be allowed
on the second floor to use the bathroom if the only bathroom is on the second floor;
(e) Care can be provided
for preschool and school-age children on the second floor or above, if:
(A) There are two staircases
to the ground level and all children are mobile enough to exit safely; or
(B) The designated fire marshal
has approved the use of the upper floor.
(4) The provider must have
a written plan for evacuating and removing children to a safe location in an emergency.
The plan must be posted in the home, familiar to the children and the caregivers,
and practiced at least every other month and must include:
(a) Procedures for notifying
parents or other adults responsible for the children, of the relocation;
(b) Procedures to address
the needs of individual children, including those with special needs; and
(c) An acceptable method
to ensure that all children in attendance are accounted for.
(5) A telephone in working
condition must be in the family child care home.
(a) Parents must be given
the telephone number so they can contact the provider if needed.
(b) Emergency telephone numbers
for fire, ambulance, police and poison control and the provider’s home address
must be posted in a visible location.
(6) The building, grounds,
water supply, and toys, equipment and furniture used by children must be maintained
in a hazard-free condition.
(a) Broken toys, furniture
and equipment must be removed from areas accessible to children.
(b) Both the exterior and
interior of the home must be maintained in good repair.
(c) Painted surfaces must
be in good condition, both inside and outside, to avoid exposing children to lead
paint.
(d) The provider shall report
to OCC any damage to the building that affects the provider’s ability to comply
with these requirements, within 48 hours after the occurrence.
(7) If a caregiver is transporting
children, the caregiver must have a valid driver's license and proof of appropriate
insurance.
(8) The number of children
transported shall not exceed the number of seat belts or child safety systems available
in the vehicle.
(9) Car seats are to be used
for transportation only. Children who arrive at the provider’s home asleep
in a car seat may remain in the car seat until the child awakens.
(10) 15-passenger vans shall
not be used to transport child care children after January 1, 2018.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10;
Administrative correction 7-27-10; CCD 7-2010, f. 12-29-10, cert. ef. 1-1-11; ELD
4-2015, f. & cert. ef. 2-3-15
414-205-0120
Sanitation
(1) Pre-mixed sanitizers and disinfectants
that are EPA registered and meet Oregon Health Authority criteria may be used in
all areas of the home per manufacturer instructions.
(2) All caregivers and children
must wash their hands with soap and warm, running water:
(a) Before handling food;
(b) Before assisting with
feeding;
(c) Before and after eating;
(d) After diapering;
(e) After using the toilet;
(f) After assisting someone
with toileting;
(g) After nose wiping;
(h) After playing outside;
and
(i) After touching an animal
or handling pet toys.
(3) Hand sanitizers shall
not replace hand washing. If hand sanitizers are present in the home, they shall
be kept out of children’s reach and shall not be used on children.
(4) All toys, equipment and
furniture used by children must be cleaned, rinsed and sanitized regularly and whenever
soiled.
(5) Diaper changing surfaces
must be either:
(a) Non-absorbent and easily
disinfected;
(b) Disposed of after each
use; or
(c) Laundered after each
use.
(6) The diaper changing area
shall be located so that hand washing can occur immediately after diapering without
contacting other surfaces or children.
(7) The building and grounds
must be maintained in a clean and sanitary manner.
(8) All garbage, solid waste,
and refuse must be disposed of regularly, in a safe and sanitary manner.
(9) The home's water supply
must be safe to drink.
(10) Wading pools are prohibited
for wading.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10;
Administrative correction 7-27-10; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0130
Record Keeping
(1) The following records must be kept
by the provider for at least one year and must be available at all times to OCC:
(a) Information from the
parent(s) for each child at the time of admission:
(A) Name and birth date of
the child;
(B) Any chronic health problem(s),
including allergies, the child has;
(C) Date child entered care;
(D) Names, work and home
telephone numbers and addresses, and the work hours of the parent(s) or legal guardian(s);
(E) Name and telephone number
of person(s) to contact in an emergency;
(F) Name and telephone number
of person(s) to whom the child may be released;
(G) The name of the school
attended by the child care child; and
(H) Name, address and telephone
number of the child's doctor and dentist.
(I) Health history of any
problems that could affect the child’s participation in child care.
(b) Daily attendance records,
including dates each child attended and arrival and departure times for each day.
Times shall be recorded as the child care children arrive and depart;
(c) Medications administered,
including the child's name, and the date and time of dosage and the dosage amount;
and
(d) Injuries to a child.
(2) Injuries to a child which
require attention from a licensed health care professional, such as a physician,
EMT or nurse, must be reported to OCC within seven days.
(3) The provider must have
a written statement from the parent(s) regarding whether or not the provider is
authorized to:
(a) Obtain emergency medical
treatment for a child;
(b) Administer medications
to a child;
(c) Take a child on a field
trip or other activity outside the home or participate in any water activity; and
(d) Transport a child to
or from school or allow a child to bus or walk to or from school or home.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10;
Administrative correction 7-27-10; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0140
Night Care
A provider providing night care must:
(1) Have a written plan for
the care, mutually agreed upon by the parent(s) and the provider;
(2) Have a written plan for
emergency situations occurring during the night;
(3) Be awake for the arrival
and departure of each child in night care; and
(4) Follow all other applicable
Registration rules.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10;
Administrative correction 7-27-10; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0150
Exceptions to Rules
(1) A provider may request an exception
to a rule.
(a) An exception must be
requested on a form provided by OCC;
(b) The provider must provide
a justification for the requested exception and an explanation of how the provider
will ensure, through safeguards or other conditions, the health, safety and well-being
of the children.
(2) The provider must be
in compliance with the rule as written until the provider has received approval
for the exception from OCC.
(3) In instances where care
that is subject to registration, as defined in subsection (2) of rule 414-205-0000,
will not be provided in the provider's own residence, the applicant/provider must
request and receive approval for an exception prior to providing care at that location.
In all respects, the location must appear and be arranged as a residence.
(4) No exception to a rule
shall be granted unless the health, safety, and well-being of the children are ensured.
(5) An exception is valid
only for the specified dates for which it is issued.
(6) The granting of an exception
to a rule shall not set a precedent, and each request shall be evaluated on its
own merits.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10;
Administrative correction 7-27-10; ELD 4-2015, f. & cert. ef. 2-3-15
414-205-0160
Complaints
(1) The Office of Child Care will respond
to complaints made on registered and illegal providers, and will cooperate with
law enforcement or other agencies in response to allegations of child abuse or noncompliance.
(a) Any and all complaints
may result in an on-site assessment at the family child care home;
(b) All serious complaints
will result in an on-site assessment at the family child care home;
(c) Complaints alleging child
abuse or neglect will be reported to the Department of Human Services Child Welfare
(DHS) or local law enforcement agencies.
(2) New applicants for registration
will be given a copy of OCC's complaint procedures at the time of the on-site health
and safety review. The complaint procedures are also available upon request.
Stat. Auth.: ORS 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 2-2007, f. & cert. ef. 7-13-07; CCD 2-2009(Temp), f. 12-30-09,
cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; ELD 4-2015, f.
& cert. ef. 2-3-15
414-205-0170
Grievance Review and Sanctions
(1) A provider has the right to a review
of any finding made by OCC. New applicants for registration will be given a copy
of OCC’s findings review procedures at the time of the on-site inspection.
Information on the OCC findings review process will be in complaint letters. The
OCC findings review procedures are also available upon request.
(2) Registration may be denied,
suspended, or revoked if a provider fails to meet requirements, provide OCC with
information requested, allow an inspection, or correct deficiencies.
(3) Any action taken by OCC
to deny, suspend, or revoke registration may be reported to USDA Child Care Food
Programs, child care resource and referral agencies, Children, Adults and Families,
Office of Self-Sufficiency and Office of Safety and Permanency for Children.
(4) A registration may be
suspended immediately when OCC believes children may be at risk of harm in the family
child care home. Such action may be taken before an investigation is completed.
(a) A provider whose registration
has been suspended must immediately notify, verbally or in writing, all parents
of the suspension.
(b) A provider whose registration
has been suspended must post the suspension in the home where it can be viewed by
parents.
(c) A provider whose registration
has been suspended must immediately provide OCC with all names, work and home telephone
numbers and addresses of the parent(s) or legal guardian(s) for each child.
(5) Registration will be
denied, suspended or revoked if the provider or other resident of the home has been
removed or suspended from the CBR.
(6) If an individual listed
in 414-205-0040(3) & (4) has been charged with, arrested for, or a warrant is
out for any crime which OCC has determined indicates behavior that would have a
detrimental effect on a child, the provider's application will be denied or registration
will be suspended or revoked until the charge, arrest, or warrant has been resolved.
(7) Registration will be
denied, suspended or revoked if an individual listed in OAR 414-205-0040(3) & (4) has been convicted of or sentenced for offenses that would disqualify the individual
from the CBR.
(8) Registration will be
denied, suspended or revoked if an individual listed in OAR 414-205-0040(3) & (4) has a founded child protective services case or an open child protective services
or law enforcement case that would disqualify the individual from the CBR.
(9) A provider whose registration
has been denied for cause or revoked for cause shall not be eligible to reapply
for three years after the effective date of the revocation.
(10) A provider who violates
these rules or the terms and conditions of registration under these rules may be
subject to a civil penalty.
(a) For a serious violation,
as defined in OAR 414-205-0010(29) a provider may be subject to a civil penalty
of $100 for a violation after a written warning with time to correct is issued;
and $100 for each subsequent violation, not to exceed $1,000 in a quarter for all
rule violations.
(b) For other violations,
a provider may be subject to a civil penalty of $50 for a violation after a written
warning with time to correct is issued; $100 for a second violation, and $100 for
each subsequent violation, not to exceed $1,000 in a quarter for all rule violations.
(11) The provider has the
right to appeal any decision to deny, suspend, or revoke registration or to impose
a civil penalty, subject to the provisions of Chapter 183, Oregon Revised Statutes.
Stat. Auth.: ORS 657.610 & 657A.260
Stats. Implemented: ORS 657A.260
Hist.: CCD 1-2000, f. 3-31-00,
cert. ef. 4-2-00; CCD 5-2004, f. & cert. ef. 11-16-04; CCD 1-2005, f. &
cert. ef. 4-29-05; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10;
CCD 2-2010, f. 6-29-10, cert. ef. 7-1-10; CCD 7-2010, f. 12-29-10, cert. ef. 1-1-11;
ELD 4-2015, f. & cert. ef. 2-3-15

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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